now for your comments. will obama filing cabinet post? for jane fonda? not outside the realm of possibility, i suppose. tonight. we are going to look at your comments really quickly. where is obama to help the battered northeast? and obama said the best is yet toome, so look for

. >> i'm toll sullivan in for neil cavuto. epa head lisa jackson announced she is leaving. house republicans saying that jackson used an alias to use a slew of e-mails about epa business, they are wondering why that was necessary, they want answers, but first a member of the group who sued the administration to release the documents, myron gel is joining me now, we did contact the epa for a statement today, it did not provide one, myron, how did you find out, what led you don't this path to where there were aliases in a cloak and dagger about the way they used

other outside e-mail addresses? >> tom, it was due to the persist stance of my colleague at cei, chris horner, with a series of freom of information requests, and a lawsuit. discovered that lisa jackson was concealing the public's business under an e-mail account in her name for that account was richard windsor. no freedom of information act request had until we discovered that account, had they ever searched her private e-mail accounts that she was using for public business. essentially he is was evading federal law -- she was evading federal law by concealing what should be open and transparent deliberations ovell these extremely expensive rules that the epa has been firsting on our

economy. tom: nobody likes washington covering up anything but there are published wants that maybe he is is not the first baby -- she is not the first, and maybe carroll browner was involved in this, this may have gone on in bush administration, bush 43. is this - do you know anything about these accusations or reports? >> it was said during the clinton administration that carroll brander did not use e-mail. but we discovered, my colleague horner discovered that carroll brander did, wn the clinton administration left they destroyed hardwares that the e-mail was contained owe can't look back at shenanigans that cheryl branner was gettingp on

the clinton administration. and now they are turning over approximately 12,000 e-mails to us. m: is that what precipitated her resignation, this is the common reason, i want to spend more time with my family. >> who knows, but it is no cosince -- coincidence she is up to her ears in scandal right now. tom. how widespread is this? other agents accused of using some sort of way to get around the law, federal records law, freedom. in could acts and other, government properties and government records so people can follow. >> yes, two house committees controlled by the republicans are now invesgating the

richard windsor issue. i hope they will ask that question. how widespread is this illegal practice? who else has been doing it? let's see those records. there needs to be a wide spread investigation here. and i hope that the republican controlled house of representatives will do a good job of it. tom: i don't even know how do you, that they are not looking around at outside e-mails this is almost a paula brad broadwell, getting someone else involved. finding out where are the e-mails. >> i think it is clear the obama administration, and remember president obama promised his would be the most transparent transparent administration is mystery, we will need cabinet secretaries and other high obama appointees

before a commity and swear them, take their testimony under oath where they have used the secret e-mail acouncil account to evad. tom: talking about fact maybe now that president will include west virginia in the conversation about energy. do have you any idea they would even be considered because of this? would it embarrass the obama administration into including west virginia? >> my guess or my observation about the administration, they are pretty shameless. i doubt we could embarrass them into were of anything. jackson has put through rule after rule, the damage that the economy with almost no environmental benefit. they are raising energy prices, and putting people out of work. and they are doing it, without any support in continental for

this -- in congress for this, that is why they deliberated in second rate. and do everything behind people's backs, and not let the public know who they are talking. to i expect we'll find, when we see the 12,000 e-mails, we'll see a lot of private chatter with environmental pressure groups. and i think you know, it could be embarrassing. tom: myron thank you for joining us. congress -- republican congressman ben harper is joining me about that e-mail situation, congressman, do have you plans for lisa jackson to come before your committee to testify. >> i think we almost have a rve parking pce for lisa jackson on capitol hill for the many times she has appeared before our commity and others.

and it is a great concern. i know that this is being looked at and it is amazing there could be 12,000 e-mails perhaps more, that will shed some light o this. but tom, one thing i can assure you, i would almost rest assure there is no one using a private e-mail account for official business today. so, as we get to the bottom of what is taking place with lisa jackson. tom: i am looking at a letter sense out today by committee of science, space and technology, they are talking about a man in department of energy, running the loan gar abty program who was using private e-mail accounts and office of science and technology, technology officer there conducting business with a private e-mail account, how widespread do you believe this is? >> you have to say how many places is this the being used. and there is no doubt that

people are trying to use it to avoid compliance with the freedom of information act. that is absolutely unacceptable. we have to find out how widespreaddis it. how many accounts are being used. different accounts traps a number -- perhaps a number of accounts by the same person, we have to assure this is not being used to avoid compliance with the law, transparency is for important not only to us but to american citizens this is not done, that is something we're not going to let go of until we get to the bottom of it. tom. i hope not, people said why are people not held accountable for their actions? are -- forgive me, i do not know the procedure or theelaw, but are you able to indict something

-- somebody? >> we can hold someone in in contempt. but there is is a violation of law i am sure it would be turned over to the justice department, if it warned that. this will be an ongoing investigation by a number of different committees in the months to come, in 113 congress, we ner had as much trouble as we had with environmental protection agency on regulating to the effect of hurting the economy not having anything to back it up, and causing an enormous, hundreds of billions oo dollars are regulatory requirements for so many industry folks that may never be in compliance, there has never been a cost benefit analysis done on many of these regulations. what they have tried to do under miss jackson is ledge lake that

-- legislation that would otherwise not get passed. tom. i am glad you are on it. congressman greg harper from mississippi thank you. >> thank you, tom. tom: a fox business alert, a live look at sene floor, they are debating an emergency 60 billion-dollar spending bill for hurricane sandy relief, it is a bit conversional it include something spending items that had nothing to bowith the storm or the victims like a new roof for the smithsonian. we'll keep you posted. >> coming up, fists are flying, newports could be closing. the union fight that could hit you right in your wallet. then, why if you are pretty, things could get ugly. it now is legal to fire women just because they look like kate

upton.

tom: thousands of dockworkers are threatening to walk out of ports this weekend. jonathan gould said this strike would make things worse. jonathan, what is the impact to the retailers? >> thank you very much, tom, impact for not only retail industry but all industries rely on the ports for imports and exports will be significant if they are allowed to shut down for any length of time witness once the contract expires this weekend. tom: from department stores to

lumber, and auto, will one be hurt worse? >> this will be wespread across all industries, including retail, manufacturers who rely on inputs to production, farmers trying to get theirroducts overseas, and trucking companies who rely o ports to move containers in and out, this will be wide spread. for all industries who rely on the ports, in and out of u.s. tom: what is the fight? what is the problem? >> well i think there are a number of issues that need to be discussed between the unions. we're not taking issues on any -- positions on any of the issues, everything from container royalties, to jurisdiction issues, and from management side issues with regard to work rules and efficiency, we need all rules need to be on the table and discussionsed but only the parties themselves can do what

needs to be done. tom: the longshoremen seem to have a much stronger union than most. unions have seen the better days in the past, but the longshoremen, one report is they make about $125,000 on average, they have all their medical paid for. they are not normal in most labor contracts today. why are they so powerful? is it because of what can happen here as you have whole east coast, all the way around florida into houston? >> i think that is part of it, but unions have worked over the years with management on the contract, what is has been discussed and packages are between the union and management, they are a critical component; if we don't have ports that are operating and moving efficiently they will throw a wrench into the sim, and ha a huge impact. tom: how far into the country? you are talking about the ports issue we showed map down from

boston down to houston. but, you were talking about the truckers and so on. look at that, this is a big chunk of the nation, how far inland do they go? will we see retailers shelves that are empty? >> not just localized to the ports, all companies throughout country, importers and exporters rely those ports to move their products in and out, if the strike or shut down goes on for more than a couple of days you will see an impact on retail shelves with products not available later this year, retailers in process of bringing in early spring merchandise in january from, easter shoes on patio furniture. tom: grocery stores? i'm trying to think of what comes in on a ship? you have a variety of products from oil to textiles to all

kinds of things. how far down the list, i'm trying to figure out what couple of days, what do i need to stock up on? before people run out? >> as of right now, a strike would be limited to containerized cargo, pearishibles would not be impacts or and autos, but if there is a management lockout all that of those economy impacted. tom: there was just a strike settled on the west coast, is there some basis for using that as a blueprint for the east? >> it was different, on the west coast, we had 8 day strike at 10 terminals at sports of los angeles, and between los angeles and long beach tt was dealing with clerical union, a localized union, this is all along eastern gulf coast, impacting international longshoremen's organization, that is the union out here.

tom: as far as the demands, is there any one particular place where they are at least some what close together? are we this close on the coat on the whole contract? >> you know over the summer they made progress on some key issues, then they walked away and had issues, we hope they can get back together and get a deal done. we know that federal mediator has called both parties back to the take nel advance of december 29 contract. right now all signs point to some kind of a shut down or strike, once the contract expires, this weekend. tom: jonathan gold, national retail federation, thank you so much. >> thank you very much. tom: you bet, a fox business alert for you, a look at capitol hill, the lights are obut nobody is home, just 4 days before we fall off the phys cav clif -- te

fiscal cliff, congressional leaders are going to meet the president at the white house tomorrow. but the house is not scheduled to return until sunday. tonight, new information showing that mess is worse than we thought. we got t want to know what i did in the last five hours? i played a rnd of golf. then i read a book while teaching myself how to play guitar; ran n miles while knitting myself a sweater;

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kids will spend 15 minutes watching online videos like this one. brushing for two minutes now, can save your child from severe tooth pain later. two minutes twice a day. they have the time. >> anything dealing with social security ought to be off the table. >> what we should not be doing right now is slash the benefits of social security. >> we should take social security off the table for the current phy fiscal cliff. >> do not cut social security. tom: many democrats pushing to

keep social security off of the table in debt talks, we learn that the program is $48 billion in the hole for 2012, and small business authority barry sloan said that the entitlement programs are what got this country in this mess in the first place. i don't think that people pay attention to that. in the greenspan e they bumped up payroll taxes for excess money going in. about this is first time there are fewer people putting in than taking out. so government has to write a check. >> it is unfortunate, the lockbox was raided. there is nothing wrong with entitlement programs, but it is the growth of those programs that are problematic. with respect to social security, we're all living longer, people need to work a little bit longer, and social security will be there for many generations if we're prudent about it 9.

tom: this is the third rail, even president bush could not get social security reform done, don't touch it, is the message in wor washington. >> you don't have the ability to tell messa of bad news for month after month. the public needs to know the truth, we're on a path with 16.4 trillion worth of debt this economy cannot pay it off, our revenues cannot meet the debt expenditures. tom: i forget which sound bite said it, but come is that this will not add one crept to the deficit -- one cent to the deficit, but money for first time in history that more people are taking out than putting in, treasury tooks money and spent it on missiles, paper clips and pens, now they have to write the check, they owe money to all of

social security resiv resip rec. >> if we ranur be the way that washington runs theirusiness there would be a huge problem. tom: they would be in jail. >> or lose a job or out of business. i'm confident this message will be delivered, someone has to tell the public on a consistent basis we cannot sustain this. tom: i got a comment the other day from said -- someo that said, don't you think, this is the problem, this is not an entitlement they say pause we paid into it the come was, don't you think there issu are hundref billions of dollars they could cut first. >> that is the real problem is

the budget. tom: talk to me about there is two social security funds, the old age, and survivor's fund, retired people. and there is the disability fund. we added 8 almost 9 million people to disability here. they are drawing because i think they are people that republican out of unemployment benefits? >> very much agree. unfortunately this is the culture, people rely on the government more and more, and the politicians are catering on that particular culture. tom: how do you distinguish between the people who are truly disabled. but now people go in to a doctor, and they say i'm stressed out by the fact that i don't have a job. i'm money actually disabled --

i'm mentally disabled. >> but at the end of day the public puts trust in government to monitor the programs, make sure that the people who are really disabled have the ability to get the fundss tom: 1 to 10, the chances of social security getting tinkered with? >> i think it is high, i think a 10. i think in a will extent the age. people have to work longer. tom: we live longer. >> w live longer we canork longer. tom: they did extend it under greenspan. do it again? >> do it again, we're all healthy get up go to work. tom: next up halftime and the government's spending spree is full throttle, why next year could be the year of the bailout, that would force you to

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tom: it's halftime, washington is getting fully throttled. federal pension fund is running dry, they posted a $34 billion deficit just for this year. and there is new worries it could o belly up. that is on top of the fha, federal housing agency, saying it is $16 billion in the red, if they get tapped out, and need a bailout, get ready to shell out. jonathan is all fed up. most people don't know about it i don't think it is a question

of if, i think but when they need a bailout. >> if you look at the statistics, the economics, it is likelyhey will need taxpayer assistance, this is a branch of government, a part of government lost a billion dollars in 2012, it is only 70% funded, it is cash flow negative, an and $34 billion deficit, and 300 300 million of exposure to risky mentioned that will likely have to assume. just like the savings lone insurance scheme a few decade ago, it is my opinion they will need a taxpayer bailout. tom: it is a mouthful pbgc, pension benefit -- corporation, most don't know about it unless are a united airline pilot or

delta or bethlehem steel, there are hundreds of plans they took over. but the pilots when company went bankrupt they tossed their pension into the organization, these folks are getting 20 cents on the dollar, your pension is not guaranteed. >> that is a great point, the safety net is not that safe, it is not a functioning for profit inter price, this is a political animal, look who sits on board, all cabinet secretary, tim gehner, secretary of labor, secretary of commerce. that creates a morale hazard, you talk about 2013 the year of the bailout. let's hope it not, we have not learned our lessons, they are impractical and they are immorale. why should any taxpayer chip their two cents in for anyone

else's pension? tom: this thing was supposed to give you know comfort and security, to people that their pensions would not be wiped out but when you get cents on the dollar that reallyas to hurt people. >> well, i mean, if the -- scheme continues on. tom, likely they will get less. the pensions in greece were guaranteed by the government, ma were cut as much as 35%. so, when you have government intervene shin in whainterventia private market enterprise, the public get hurt. like all of these safety net programs, the entitlement programs, once the seed is planted, they are almost impossible to get rid of, and left with a multibillion dollar deficit like in this case. tom: fha, we got into the

mortgage mess because people had no skin in the game to a greatic tent, no money down, little money down, 1% be 3%, that is what the fha is still doing, making loans with almost no money down. why do you not expect a problem? >> we have got a problem. in my opinion, we got into housing crisis because of government, and as the administration takes laps about their successful bailout of general motors, that we lost billions of dollars o as taxpayers, we still have fharc, ha and fannie and freddie. tom: it is both of them are amazing. when it comes to fha, how -- this could take years to work

this without, like you said, fannie and freddie, they are one big giant cousin. >> tom. it will takes long as it takes for the america electorate and people to learn their lesson. as long ase assume that every elemt of economic priva life has to he a government safety net, backstop erin tervention, the problems be not go away. tom: back to the pension thing, they require the private sector, you better be fully funded on your pension plan or else but they do not require of it themselves. >> that is a great point, time and again we see how the private sector actually acts more responsibly, in their long-term interest than public, what is so terrible about programs like

this they create that morale backstop. companies have a incentive town load there are obligation on the taxpayer that is terrible for everyone. tom: it is a perverse incentive, jonathan thank you. >> thank you, tom. tom: well, too hot for work? this woman got fired because her boss thought she was too attractive. i'm not joking. is it legal? the answer will shock you. we know all your investments may not be with fidelity, but we can still help you see your big pture. with the fidelity guided portfolio summary, you choose which accounts to track and use fidelity's anatics to spot trends, gain insights, and figure out what you want to do next.

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tom: she turned on him, then he booted her out, after working at

the same dentist office for 10 years, she was fired by her boss, saying she was too attractive, and was a threat to her marriage, supreme court ruled, it is legal. do your legal eagles and our let be be brief sessio segment. kelly, why would you -- why can you be fired for your looks? >> well, the same reason that other companies don't hire people because they are not projecting a certain image, if he can't work with her, if she is a distraction, if had causes problem, and risking his marriage, and his receive worked in the office, and -- his wife worked ins office, he should be able to terminate her. tom: you can't discriminate against team because on their

skin, gender or sexual orient trading, you cannot but you can discriminate because they door pretty. >> i think that is where iowa supreme court got it wrong, this is not an issue of sexual harassment, this is a issue of a marital dispute that went to a higher level, within every reasonable state, he can fire this woman, i think absolutely not, this dentist of out of order, he fired the woman after complaining about a bulge in his pants talking about her secondial life, he-- secoiasexual life, sexual histoz that are inappropriate comments to make at the workplace. tom: i cannot act that way around my coworkers, i would be

in so much trouble. >> there is a difference between being in trouble andb being fired, everyone feels -- i read it, here is the thing, he has the employer has also exchanged text-messages with this woman, they are married, he goes to his fast o -- pastor, said, i am vey attractive to her, my wife is upset, asks the pastor, what do i do? he said fire her it is about the governmen staying out of who you employee. tom: rebecca. i have to make this personal, i married way over my head. a very pretty woman. and she has told me, and others that are considered to be attractive, said there is a

discrimination against attractive people, because people do not know how to act around them, and they say, i don't topeal with this. it is not said out loud but a lot of beautiful men and women don't get jobs. >> this is my issue with kelly saying, i understand they did not make a claim for sexual harassment, they agree that was a mistake legally. but even if they didn't, the actual conduct of this dentist has to be seen as risen to an inappropriate situation in a workplace that created an uncomfortable environment for the woman, we don't want to set that standard in iowa. >> how is it uncomfortable for her. >> talking about a bulge in his pants. >> she was texting with him, and they are married.

>> they were not sexual in context, hers were not, but his were, they are clear, her text-messages are family oriented, and please stop talking about the other issues. >> she told him, she was not having sex on a regular basis. >> he assumed that. >> no she told him. tom: i text my coworkers all of the time. >> your coworkers or employees. s. >> she was his -- >> 10 years, what happened all of a sudden? >> a whole constitutional law created about discrimination in the work place, he was the employer. >> the iowa supreme court got it

wrong? >> yes. >> i don't think they did. >> i will say it over, and over, iowa am ba embarrassed. >> you can say it, but that does not make it right. >> highway patrol government stays out of -- i hope the government stays out of the workplace, hire who you want. tom: look out beautiful people. it is -- as we said in the beginning it would get ugly, rebecca and kelly thank you very much. >> thank you so much. tom: you bet, well, are you out of work? move to canada. it is drilling and they are hiring, let's hope that washingt is listening and learning.

tom: oh, canada, oh, boy,

alberta energy minister saying that canada is looking for workers down here, because they don't have enough workers up there. >> we need workers with the skills. tom: lay field energy ceo said that the u.s. should learn from canada, john? >> look we're the only developed country in the world without an energy policy. we don't know where a pipeline would fit in, we don't know where fracking sits in. we don't know where a fleet of naturallal gas automobiles fit in we have no energy policy, we need to be able to get our resources at home, we need to have the epa to quit being political and make a ruling on horizon fracking and drilling, is it safe, whatever it is to continue to get that like canada

getting. tom: now lisa jackson is going out, but it has been very political now they will chae people at the top. you have to be dreaming if you don't think that the epa is about politics? >> i am agreeing with you 100%. i hope our president will insist they get past this. you have unemployment north dakota 3 %. you have seen this huge resurgence there, eagle formation in texas because of horizontal drilling, the same in rerenaissance but the epaas to quit being political and make a ruling on the decision, whatever the ruling is, let the energy companies abide by them to tap the resources at home. tom: but not only the feds, two big states in this country, new york and california, both of them are blessed with a lot of energy under the ground, both

are in financial trouble, billions of dollars upside down, both will not go near it they said, governor cuomo in new york sa we're not do that fracking, you can count on me. >> if you have a governor that says we don't like fossil fuel, i'm note sure what you can do with the guy. i think if the epa, they are the one stumbling block on this, would make a ruling and say this is how it is safe, i think governor cuomo would go along with it and ohio one of the worst hitstates caution of recessio dog of recessionthere f this recessiobecause of this ret probably need be to state to state, geological formation have you in wyoming is different from what you have in new york. probably state by state ruling with overall federal get to lines for the process of

fracking. tom: it will be interesting, with canada, the fact, they are asking people to come up here, we have jobs for you, -- their financial situation is much more improved than u.s., it seems like the people of this country, might look at this of the punes opportunities and say why are we getting taxed to deet, and our services cut, why don't we try this the states that have, pennsylvania come toss mind, and others are doing land office business making a lot of money, balancing their books and putting people to work. >> yeah, i think that is what is going on happen, americans will say we have to get something to get jobs moving there snow job creation even on the horizon other than a energy resurgence, i grew up in west, texas, midland, texas was a desert town when i grew up, itne of the fastest growing cities now in

america because of the resurgence of fossil fuel, and the advents of new technology of horizontal drilling and fracking, that is happening everywhere we need to continue it. >> thank you, john. tom: breaking news for you, we have to get in pentagon co confirming retired general normanorman has died he was 7 pizza hut's $10 any pizza deal is back. any pizza, toppings, sizes. ...ten bucks. the meat lover's pizza. ...ten bucks. delivery, dine in or carry. ...out of this world pizza. pizza hut's $10 any pizza deal is back.

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tom: marta decker burgs family is confused by the privacy policy. his sister who is also the marketing director posted this photo on her face but page and she thought only she and her friends could see it.